(a)(1) No person or entity in this state shall act as agent or broker for or otherwise represent or aid any insurer, health maintenance organization, multiple employer welfare arrangement, multiple employer trust, association, or any other person or entity in the solicitation, negotiation, or effectuation of insurance, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance with respect to subjects of insurance resident, located, or to be performed in this state if that person or entity is not authorized or licensed by the State Insurance Department for those purposes.
(2)(A) No person or entity shall act as a producer, adjuster, or consultant without first obtaining appropriate licensure or registration as required by the insurance laws of this state for the transaction of insurance with respect to subjects of insurance or self-insurance resident, located, or to be performed in this state.

(B) No person or entity shall act as a multiple employer trust or multiple employer welfare arrangement without first obtaining appropriate registration or licensing as required by Â§ 23-92-101.

(C) No person or entity shall act as a third-party administrator for a multiple employer trust, multiple employer welfare arrangement, collectively bargained trust, self-insurance plan, or any other plan providing accident and health insurance benefits to the citizens of this state without first obtaining appropriate registration as required by Â§ 23-92-201 et seq.

(D) Any producer who knows or has reason to know that a health plan is not licensed in accordance with the Arkansas Insurance Code shall immediately report the health plan to the department.

Most states, including Connecticut, consider a self-insured MEWA to be an unauthorized insurer. State laws and regulations are applicable to the plans. Further, Connecticut prohibits unauthorized insurance transactions under the Unauthorized Insurers Act, CGS Â§ 38a-271 â€“ Â§ 38a-282, inclusive. Any unauthorized insurer who does any act of insurance business will be fined up to $ 10,000 plus $ 500 for the first offense and an additional $ 500 for each month that the violation continues.Through regulations, Connecticut requires licensed agents, brokers, and insurers to report information to the insurance department before assisting in any manner the transaction of insurance by MEWAs. If a MEWA fails to pay a claim or loss in Connecticut, any person who assisted or aided the plan directly or indirectly in procuring an insurance contract is liable to the insured for the amount of the claim (Conn. Regs. Â§ 38a-272-1 – Â§ 38a-272-10).

Unlike some other jurisdictions, New York has not established a regulatory scheme for self-funded MEWAs. Accordingly, unless the self-funded MEWA is otherwise exempt from the requirement to secure a license, it may not operate in New York without a license and, thus being subject to all applicable requirements, including mandated benefits.

North Carolina insurance law provides that the term MEWA means that term as defined by ERISA at 29 U.S.C. Â§ 1002(40)(A). N.C. Gen.Stat. Â§ 58-49-30 (2003).

North Carolina law requires MEWAs be licensed:

It is unlawful to operate, maintain, or establish a MEWA unless the MEWA has a valid license issued by the Commissioner. Any MEWA operating in this State without a valid license is an unauthorized insurer.

A Multiple Employer Welfare Arrangement (MEWA) is a plan or arrangement which is established or maintained for the purpose of offering or providing coverage for health care services to employees of two or more employers or to their beneficiaries. A MEWA that does not have all of its covered benefits insured on a direct basis shall not operate in Virginia without becoming licensed as an insurance company, health maintenance organization, health services plan, or a dental or optometric services plan. Although a MEWA may have all of its covered benefits fully insured, it is neither licensed nor regulated by the Virginia Bureau of Insurance.Please be aware that although a company is authorized, it may not necessarily write your business. If you are having problems with availability, it is suggested that you contact your local agent or the Bureau at Bureau of Insurance or (804) 371-9741.